Legal Status of Paying Dowry From Someone Else's Property

Dowry is one of the stipulations of marriage contract, but still some ambiguity and controversy exists about its legal status among theologians and jurists. Dowry or Sidaq is a kind of money which is legally written or agreed upon in the marriage contract to support women's financial rights from the time of marriage. It is obligatory for the spouse to pay his wife. Article 1078 to 1101 deals with marriage portion, but there are still some unresolved questions about the legal status of such agreement on the following grounds which lack legal definition: Is it obligatory only for the husband to pay dowry or can someone else carry it out? Is the dowry necessarily to be taken from the spouse's property? What happens if the husband pays dowry form someone else's property? If we consider dowry an independent contract which is also a kind of contract of exchange, then we have the answer to our questions. It has to be noted that some of the verdicts of contract of exchange are not implemented in dowry contract. In these cases dowry on the basis of marriage contract takes effect.